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McCARTHY v. DAGGETT

351 Mass. 337 (1966)

220 N.E.2d 904

GERALD M. McCARTHY vs. DEWEY E. DAGGETT.

Supreme Judicial Court of Massachusetts, Essex.

November 3, 1966.

Attorney(s) appearing for the Case

C.A. Peairs (Phil D. Fine with him) for the defendant.

Harold Katz for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

SPALDING, J.

In this action of contract the plaintiff seeks to recover a brokerage commission for the sale of real estate. The declaration is in two counts, count 1 on an express contract and count 2 on quantum meruit. This case has been tried twice and is here for the second time.1 In the first trial the defendant excepted to the judge's striking his defence of insanity. The jury at that trial...

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